KANTHIMATHI Vs. VASANTHI; VANITHA; KARTHIKEYAN; KUMAR; MEHANATHAN; CHAIRMAN, TAMIL NADU SLUM CLEARANCE BOARD

JUDGEMENT

(1.) The 2nd defendant in O.S.No.5677 of 2006 on the file of the learned VI Assistant Judge, City Civil Court, Chennai is the appellant herein. The respondents 1 to 3 herein are the plaintiffs in the suit and the respondents 4 to 6 are the defendants 1, 3 and 4 in the suit. The plaintiffs filed the said suit for declaration that they are the absolute owners of the suit property, for permanent injunction restraining the defendants from alienating the property in any manner and for other consequential reliefs. The trial court decreed the suit as prayed for as per the decree and judgment dated 12.12.2007. As against the same, the appellant herein filed an Appeal in A.S.No.150 of 2008 before the learned VI Additional Judge, City Civil Court, Chennai. By decree and judgment dated 28.3.2011, the lower appellate court dismissed the appeal, thereby confirming the decree and judgment of the trial court. As against the same, the appellate is before this Court with this Second Appeal.

(2.) Though this Second Appeal was filed in the year 2011 and though it was listed on several occasions for admission, the appellant did not prosecute the matter. Therefore, on 6.12.2012, this Court dismissed the Second Appeal for non-prosecution. Subsequently, the appellant filed M.P.No.1 of 2015 seeking to set aside the said order and to restore the Second Appeal. By order dated 24.02.2015, this Court allowed the said Miscellaneous Petition thereby restoring the Second Appeal. That is how the Second Appeal has come up before me for admission.

(3.) The case of the plaintiffs in short is as follows: